solution financecard ***WON*** Written Off !

[slick132]

Hi Minnimes,

 

I guess the FOS are just unwilling to decide if the DCA is acting improperly in pursuing the a/c because, as far as the FOS are concerned, BC have produced the "credit agreement".

 

We talked earlier in the thread about the FOS not being willing or able to declare the agreement valid or not. So you are now at the stalemate stage.

 

Am I right in thinking you don't want to take this to court yourself, to seek a ruling on the enfoceability of the a/c ?

 

If so, you could write back to BC and copy to the DCA.

 

Dear sir or madam,

Account No xxx xxx xxx

I refer to previous correspondence about this account.

The FOS have confirmed that you have supplied the "credit agreement" which, of course, is not a properly executed credit agreement.

If you have any other document which you believe constitutes a properly executed credit agreement as defined by the CCA 1974, please forward it to me.

If you fail to do so within 14 days, I shall assume you have no such document.

In which case, I consider the account to remain in serious dispute and will pay no more to you or to any DCA's you care to instruct. I am not legally obliged to communicate with you further and you may consider this to be my final response in the matter.

If you disagree with my analogy, no doubt you will start court proceedings which I will vigorously defend.

Yours faithfully,

Do you want to consider negotiating with them regarding a F&F settlement ?

[minnimes]

hi slick, i cant do a f&f settlement as i have no way to pay it. still waiting for my huubys case to get to court, which is what landed us in this mess as it is. do you think it will stand up in court? what are the odds? i will send your letter and see what they say. thank you

[slick132]

IMHO, the "agreement" is not enforceable as I've said before.

 

Ultimately, it is down to a judge on the day but, if they do issue court proceedings, you have every chance of defending successfully.

 

In such cases, the Claimant often withdraws their action before a hearing and you can seek a Wasted Costs Order.

[minnimes]

thanks slick, will post that out tomoro. i spoke to the fos about dca's still acting on accounts while in dispute and the man i spoke to said that they can. i always thought if it was in dispute they shouldnt pass the account on?

[slick132]

The trouble is that BC have fulfilled their obligations imposed by CCA1974 by responding with the "agreement". So the a/c is NOT In Dispute for this reason.

 

However, because the "agreement" appears unenforceable, you are right to question whether the a/c should be passed on for collection.

 

This will only be resolved when the matter is decided by a court, or by Barclays dropping any court action that they start.

 

Or perhaps by negotiating a F&F settlement.

[minnimes]

good news i think? had a letter from the dca, it says stuuf about the nil balance on bc statments being there because bc removed it from their system to sell to them, they say it does not been tht a payment has been recived or that liability has been removed. they say they are now entitled to recieve payment of the balance and enclose a copy of my statement as requested? erm i didnt i dont think. neither bc or them selves are aware of any reason for non-payment.

now the good bit, it says, please note we are unable to provide you a copy of the credit agreement.

it then goes on to say please make payment in 7 days ect.

it then has 6 pages all typed, saying my name etc, then cash limit zero, balance and then a load of stuff about min payments. i have 7 days to contact them, letter dated 13th jan, funny though seeing as theyve put the date of my request as the 09/12/09, so they allow them selves 3 mnths and me a week lol.

any way i take it this is good? what do i do now?

[minnimes]

anyone?

[slick132]

Hi Minnimes,

 

now the good bit, it says, please note we are unable to provide you a copy of the credit agreement.

 

Can you confirm, in full, exactly what they said about this aspect.

 

I'd rather see this before speculating about whether this is good or bad for your case overall.

 

[minnimes]

thats all it says, just that one line, the rest of it is asking for payment etc.

do you need me to scan it?

[slick132]

Which DCA was this - PM me if you don't want to say on thread.

 

I would reply to them saying :-

 

I refer to your letter of xxdate.

 

In view of your admission that you are unable to provide me with a copy of the credit agreement, you have no right to pursue this debt and should make no further demands of me.

 

Unless and until you supply a properly executed credit agreement, any further demands from you will be immediately referred to the FOS for formal investigation.

[slick132]

I've just had a look back at the "Application/Agreement" that you were sent and note that there appears to be a printed TICK in the PPI box.

 

Is it a printed tick, or do you think you ticked it ?

 

Have you looked into whether you may have a case to reclaim PPI if it was either mis-sold or it was pre-ticked so you took it without realising.

[minnimes]

no i didnt tick it, i took it out in a shop so it should all be hand written, my name and address are all typed. ive never knowingly took ppi as ive been a stay at home mum for the last 9 yrs and i couldnt have claimed on it.

[minnimes]

just had another look at the application, the date i signed it is the 7th, the stamp is the 9, i think, so looks like they filled all my details in afterwards, can they do that and just sign me up for ppi with out even telling me? ive paid the balance off in full once and then used it again so god knows how much thats cost me. if i do try to claim back ppi is that not admitting liability?

[slick132]

Hi Minnimes,

 

Looks like it's time to start a thread for this in the PPI forum.

 

Claim it back with interest and you could put a useful dent in the a/c balance. This will NOT affect any issue about the enforceability of the a/c.

 

Check first by asking, in the PPI forum, if I'm right that they've added the PPI incorrectly.

 

[minnimes]

hi, ok, i will look into the ppi side, got to admit that it confuses me when is about credit cards.

had a letter back from them saying the account is being investigated, they will contact me when they are done, the account is on hold until then and i dont need to do any thing.

[minnimes]

ok so ive still heard nothing about this account or the other bc account, ive not tried to reclaim ppi, for one i dont know what im doing and another i dont want to draw attention to my self lol. its been mnths now and ive heard nothing. is it best to keep quiet or should i write to them?

[slick132]

Hi Minnimes,

 

My first inclination was to say reclaim the PPI now. However, like you say, why stir things when all is peaceful.

 

You could leave it a while, but use the time to learn more about reclaiming the PPI.

 

Then, when things kick off again (as they surely will) you'll be able to steam straight in with a PPI claim including compound Contractual Interest. This subject is included in the Interest Tutorial linked in my signature below.

 

[minnimes]

just had a letter today,

it says, we write further to recent communications regarding the above account.

after reviewing the account we are prepared to take a cmmercial view in relation to this matter and as a gesture of goodwill and strictly without admission of liability, we are prepared to close the account and write-off any outstanding balance.

 

the balance is set at zero on the letter. so thank you guys. especialy Slick, couldnt have done it with out you. xx

[slick132]

Jeepers !! That's a RESULT

 

I have to admit your case troubled me because we were going round in circles for so long and there was little real progress.

 

But you were patient and sent off all the letters when necessary. You so deserve this for your perseverance.

 

Big Congratulations and thread title changed to reflect your win.